Terms and Conditions

End User License Agreement:

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Bangert Enterprises Inc’s use of cookies in accordance with the terms of Bangert Enterprises Inc’s cookies policy.

The website, courses and products/services contained thereon are not substitutes for the advice and consultation of specific industry professionals. Not all products, courses and services are suited for everyone. The creators of any products/services (including Kelly Bangert) do not assume, and shall not have, any liability to users or customers for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the website or any course. Courses contain opinions of Kelly Bangert and shall not be construed as advice or fact. We are not liable for any business loss or other financial detriment that any user or customer should suffer. We make no claims, guarantees or promises of income, revenue, commissions, residual benefits or any other form of compensation. If you have specific concerns or a situation in which you require professional advice, you should consult with an appropriately trained and qualified specialist, such as a licensed attorney, accountant, or other business professional. Any income figures or earnings are hypothetical in nature and are used exclusively for illustrative purposes. Many factors can influence an individual’s earning potential, some of these factors will be outside the control of such individual.

Website Usage:

Unless otherwise stated, Bangert Enterprises Inc. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages and other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

Republish material from this website (including republication on another website);

Sell, rent or sub-license material from the website;

Show any material from the website in public;

Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

Edit or otherwise modify any material on the website; or

Redistribute material from this website, except for content specifically and expressly made available for redistribution;

Downloads of products from this site grants you a personal, non-distributable license for all devices you personally own.

Downloads are restricted to one download per purchase per customer.

Approved Use:

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Bangert Enterprises Inc’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Bangert Enterprises Inc’s express written consent.

Restricted Website Areas:

Access to certain areas of this website is restricted. Bangert Enterprises Inc. reserves the right to restrict access to any area of this website, or indeed this entire website, at Bangert Enterprises Inc’s discretion.

If Bangert Enterprises Inc. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Digital Products and Services:

Your download and use of the products offered by Bangert Enterprises Inc. indicates your acceptance of the terms of this License Agreement. By accepting these terms and conditions, you understand fully that any and all digital files provided upon purchase from www.kellybangert.com, sub-domains, or third-party providers, are limited to one download per items purchased. It is your responsibility to save the downloaded file. We strongly advise you to only use the download link once you are ready to download and save the file locally (PC, MAC, or Tablet), and then transfer it to a storage device. Download links will expire after their first use, so use caution. Bangert Enterprises Inc. is not responsible for providing replacement copies of any digital files. Requests for re-issuing a download link will be reviewed on a case by case basis, and will be addressed on priority level basis.

Our products may not be resold, distributed, or added to any type of collection. They may not be offered for download or use from any website nor placed online for promotional purposes. Each file must be used as supplied for its original intended purpose. Purchasing a product does not constitute ownership and does not give you the right to general use. You may not use products purchased in any way that could be considered defamatory, pornographic, libelous, immoral, obscene, fraudulent, or illegal.

All products are offered in good faith. The purchaser agrees not to hold Bangert Enterprises Inc, any third party vendor, or other selling agent liable for any loss of revenue, time, or other damages that might be incurred, directly or indirectly, through the use of any product, or through any user’s inability or lack of necessary knowledge to use any product by Bangert Enterprises Inc. It is the responsibility of the buyer to evaluate the completeness, quality and usefulness of any information or content contained within each product preview.

Any purchases from this website are not subject to a refund. Due to the digital nature of the course products, no refunds shall be provided after the purchase has been electronically completed. Since the products offered are non-tangible irrevocable goods, we do not issue refunds after the product is purchased and downloaded. If you have any problems with your product, please notify us as soon as possible. If you have made a payment in error, and not used your unique download links, you may contact customer service for a refund. It must be proven that you have not used the download link via our system for you to be eligible for a refund.

If you do not abide by the terms of this agreement as described above, Bangert Enterprises Inc. reserves the right to pursue any necessary legal action.

No Warranties:

This website is provided “as is” without any representations or warranties, express or implied. Bangert Enterprises Inc. makes no representations or warranties in relation to this website or the information and materials provided on this website.

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the website.

Without prejudice to the generality of the foregoing paragraph, Bangert Enterprises Inc. does not warrant that:

This website will be constantly available, or available at all; or

The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, medical or any other matter, professional or non-professional, you should consult an appropriate professional.

Limitation of Liability:

Bangert Enterprises Inc. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

To the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or

For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Bangert Enterprises Inc. has been expressly advised of the potential loss.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Exceptions:

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Bangert Enterprises Inc‘s liability in respect of any:

death or personal injury caused by Bangert Enterprises Inc‘s negligence;

fraud or fraudulent misrepresentation on the part of Bangert Enterprises Inc.; or

matter which it would be illegal or unlawful for Bangert Enterprises Inc. to exclude or limit, or to attempt or purport to exclude or limit, its liability.

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Outside/Third Parties:

You accept that Bangert Enterprises Inc. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Bangert Enterprises Inc’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Bangert Enterprises Inc’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Bangert Enterprises Inc.

Indemnity:

You hereby indemnify Bangert Enterprises Inc. and undertake to keep Bangert Enterprises Inc. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Bangert Enterprises Inc’s legal advisers) incurred or suffered by Bangert Enterprises Inc. arising out of any breach by you of any provision of these terms and conditions (, or arising out of any claim that you have breached any provision of these terms and conditions).

Breach Of Terms:

Without prejudice to Bangert Enterprises Inc’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Bangert Enterprises Inc. may take such action as Bangert Enterprises Inc. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Revisions:

Bangert Enterprises Inc. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Agreement in Total:

These terms and conditions, together with the anti-spam policy, cookies policy, copyright notice, linking policy, privacy statement and website disclaimer, constitute the entire agreement between you and Bangert Enterprises Inc. in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Arbitration:

You agree that any dispute or controversy arising out of these Terms & Conditions or your use of the Website shall be settled by arbitration to be held in California, in accordance with the rules then in effect of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the USA and you consent to exclusive jurisdiction and venue in such courts. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.

Class Action Waiver:

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND ATTORNEY SQUARE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

Law And Jurisdiction:

These terms and conditions will be governed by and construed in accordance with the law of California, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of California.